Transportation

Marginal note:Railway transportation

35. (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency to order railway cars, motive power or other railway equipment to be allotted, distributed, used or moved as required by the Board and to order railway lines and railway facilities to be used and shared as required by the Board, and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board.

Marginal note:Consultation with Canadian Transportation Agency

(2) Before issuing a direction under this section, the Board shall consult with the Canadian Transportation Agency, and may consult with such other authorities as it considers necessary to assist it in determining the effect of its direction on the movement of other traffic by rail and satisfying itself that on balance the greater public interest would be served by its direction to the Agency.

Marginal note:Conflict of statutory powers

(3) Section 4 of the Canada Transportation Act does not apply in respect of any conflict between a regulation made under this Act and a regulation made under that Act, and in the event of any such conflict, the regulation made under this Act prevails.

R.S., 1985, c. E-9, s. 35;

R.S., 1985, c. 28 (3rd Supp.), ss. 283, 359;

1996, c. 10, s. 216.

Marginal note:Definition of "pipeline company"

36. (1) In this section, “pipeline company” means a company operating a pipeline in respect of which there is in force a certificate of public convenience and necessity, or other authority to operate a pipeline, issued under the National Energy Board Act.

Marginal note:Pipeline facilities

(2) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Energy Supplies Allocation Board may direct the National Energy Board

(a) to require a pipeline company operating a pipeline for the transmission of gas or oil or both to provide such additional facilities for the receiving, transmission, delivering and storing of gas or oil as the Energy Supplies Allocation Board deems necessary for the more effective carrying out of a mandatory allocation program, whether or not to do so would impose an undue burden on the pipeline company;

(b) to require a pipeline company to divert any gas or oil carried by it to any person engaged in or legally authorized to engage in the local distribution of gas or oil to the public whether or not that diversion of gas or oil impairs the pipeline company’s ability to render adequate service to its existing customers; and

(c) to require a pipeline company to construct branch lines to such communities or large volume users adjacent to its pipeline as the Energy Supplies Allocation Board considers necessary in the public interest, whether or not to do so would impose an undue burden on the pipeline company.

Marginal note:When pipeline not carrying controlled product

(3) A direction under this section may be made in respect of a pipeline company and its facilities whether or not the commodity carried by its pipeline is a controlled product at the time the direction is made.

Marginal note:Consultation

(4) Before issuing a direction under this section, the Energy Supplies Allocation Board shall consult with the National Energy Board and may consult with such other authorities as it considers necessary to assist it in formulating a direction to the National Energy Board that would permit conservation of the available supplies of any controlled product with the least burden on the pipeline company or the least impairment of its services to its customers, as the case may be.

Marginal note:Additional powers granted

(5) The National Energy Board is hereby vested with all such powers, in addition to its powers under the National Energy Board Act, as are necessary to enable it to carry out or enforce a direction of the Energy Supplies Allocation Board.

Marginal note:Saving

(6) It is not a contravention of section 67 of the National Energy Board Act if a discrimination in tolls, services or facilities against any person arises solely as a consequence of compliance with any order of the National Energy Board that is made pursuant to a direction issued under this section, and section 68 of that Act is not applicable in respect of that discrimination.